S01 12FPC324Q0024 Solicitation Package NRI NV.pdf

12FPC324Q0024 COMBINED

SYNOPSIS/SOLICTITATION

For NRI Data collection

Western Nevada Services USDA – NRCS Nevada

PLEASE READ THIS NOTICE CAREFULLY AS IT CONSTITUTES THE ONLY NOTICE THAT

WILL BE ISSUED

i. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation;

QUOTES ARE BEING REQUESTED AND A WRITTEN SOLICITATION WILL

NOT BE ISSUED.

ii. The solicitation number 12FPC324Q0024 is being issued as a Request for Quotation (RFQ).

The acquisition procedures at FAR Part 8.405 is being utilized. The Government anticipates the award of one firm fixed priced contract resulting from this solicitation. Award will be made to the Lowest Price Technically Acceptable (LPTA) quote.

iii. This RFQ documents and incorporates provisions and clauses that are in effect through Federal

Acquisition Circular (FAC) 2024 03 effective February 23, 2024.

iv. This solicitation is being solicited for total small business on GSA schedule.

The North American Classification System Code (NAICS) is 541990, Environmental Consulting Services.; the size standard is $19.5 million.

For more information on size standards visit http://www.sba.gov/ size. Active SAM registration is required in order to be awarded this contract and must remain active throughout the period of performance.

v. Contract Line Item Numbers (CLINS): See Attachment 2, Quote Sheet.

vi. Description of Services: The Contractor shall furnish the necessary personnel, supplies, materials, and incidentals necessary to provide NRI services for NCRS-NM in accordance with the performance work statement attached and hereby made a part of in this solicitation.

vii. Date(s) and Place(s) of Delivery and Acceptance:

The performance period for this award is estimated to be April 22, 2024, to September 30, 2024. Place of performance will be the Western Nevada area according to the attached Statement of Work.

viii. The provision at 52.212‐1, Instructions to Offerors Commercial, applies to this acquisition.

Quoters must read and follow the additional instructions contained within this solicitation to receive consideration.

52.212‐1 Instructions to Quoters‐Commercial Items (Sep 2023)

(a) North American Industry Classification System (NAICS) code and small business size standard.

The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern which submits a quote in its own name, but which proposes to furnish an item which it did not itself manufacture, is $19M.

(b) Submission of quotes. Submit signed and dated quotes to the office specified in this solicitation at or before the exact time specified in this solicitation. Quotes may be submitted on letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of quotes;

(3) The name, address, and telephone number of the quoter;

(4) A technical description of the items being quoted in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212 3 (see FAR 52.212 3( b) for those representations and certifications that the quoter shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) REMOVED.

(c) Period for acceptance of quotes. The quoter agrees to hold the prices in its quote firm for 60 calendar days from the date specified for receipt quotes, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. N/A

(e) REMOVED;

(f) Issuance of GSA Task Order. Your quotation should contain your best technical and price terms. The

Contracting Officer may reject any or all quotes. The Contracting Officer will not negotiate with any quoters other than those of the Government’s choice and will not use the formal source selection procedures described in FAR Part 15.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate quotes and award a contract without discussions with quoters. Therefore, the quoter’s initial quote should contain the quoter’s best terms from a price and technical standpoint. The Government may reject any or all quotes if such action is in the public interest as well as accept other than the lowest offer.

(h) REMOVED;

(i) Availability of requirements documents cited in the solicitation.

(1) (i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101 29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to GSA Federal Supply Service Specifications Section:

Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619 8925 Facsimile (202) 619 8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(i) REMOVED

(ii) REMOVED

(2) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier.(Applies to all quotes that exceed the micro purchase threshold, and quotes at or below the micro purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Quoter shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Quoter's name and address. The Quoter also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Quoter to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Quoter does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Quoter should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) [Reserved]

(l) REMOVED.

ix. 52.212‐2, Evaluation ‐ Commercial Items (Nov 2021) applies to this solicitation:

(a) The Government will award one (1) Firm Fixed Priced contract resulting from this solicitation.

Award will be made to the Lowest Price Technically Acceptable (LPTA) quote. The Technical Factors consists of three (3) Factors. The evaluation team will give the Technical Factor an “Acceptable “or “Unacceptable” determination before moving onto the price analysis for those with an “Acceptable” technical determination. The following factors shall be used to evaluate quotes:

i. Technical Factor 1: Personnel Qualifications/Technical Capability: Technical capability includes qualifications, experience, capacity, and strategy for executing the work.

ii. Technical Factor 2: Compliance/ Capacity, Management Capability

iii. Technical Factor 3: Past Experience

iv. Price

Pricing that is unrealistically low may be considered an indication that the offeror does not possess adequate understanding of the requirement or the requisite technical capability to successfully perform the work.

(b) A written notice of award or acceptance of an quote, mailed or otherwise furnished to the successful quoter within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), unless a written notice of withdrawal is received before award.

The following factors shall be used to evaluate quotes:

TECHINCAL FACTOR 1 – Personnel Qualifications/Technical Capability

Instructions to Contractor – The quoter shall identify the key personnel to be utilized in completing the grazing land data collection, and how they meet the education and experience qualifications. Include resumes of the Team Leader(s), Team Soil Scientist(s), and Data collectors/recorders. Each resume should address name, responsibilities, special qualifications, education, and certification licenses. The quoter shall also explain the makeup of each team and their approach to successfully accomplish the work required by this solicitation. Identify personnel that will serve as the Team Leader(s), Team Soil Scientist(s), and Data collector/Recorder(s).

Evaluation Criteria - To be considered qualified technically the offeror must demonstrate a clear understanding of all requirements and demonstrate that as a contractor they have technical expertise in grazing land (rangeland and pastureland) plant identification, grazing land inventory methods, site potential ratings, and describing soil properties and features. The personnel qualifications and technical capability will be evaluated to determine whether the quoter possesses the key qualified personnel with the education and experience to provide the technical services required by this solicitation. Quoters will receive an “Acceptable” technical determination for related grazing land experience gained from working in Nevada. Quotes with related grazing pasture land experience gained from working in Wyoming, Idaho, North Dakota, South Dakota, Colorado, Oklahoma, New Mexico, Oregon, and/or Washington will also receive an “Acceptable” technical determination.

Education courses such as but not limited to the following will be used in the technical evaluation IAW SOW:

Range Science Range Management Soil Science Range Plants Range Ecology Soil Morphology Range Inventories Plant Taxonomy Soil Classification and Studies Plant Ecology Soil Genesis Plant Physiology Animal Nutrition Pedology Ranch/Rangeland Planning Earth Science Biology Plant Science Forestry Soil Fertility Crop Science Soil Physics Soil Chemistry

TECHNICAL FACTOR 2 – Compliance/ Capacity, Management Capability

Instructions to Quoter: The quoter shall submit a well-defined approach to successfully accomplish, as a team, the work described in the statement of work. The offeror shall describe how they currently have the capacity and how they plan to meet production deadlines and schedules of the contract. The quoter shall also include a description of their quality assurance and quality control procedures. A description should be provided that demonstrates the offeror’s understanding of the site access logistics in “the state”, data collection protocol, and equipment required to collect data and meet production goals.

Evaluation Criteria: Quoters will be evaluated on the ability to comply with the terms and conditions of the NRI contract and the ability to meet data collection schedules and deadlines relative to production quantity. The quoter will also be evaluated on their ability to provide quality data through effective quality assurance and quality control protocols.

TECHNICAL FACTOR 3 –Past Experience

An evaluation panel will conduct a past experience evaluation that examines a quoters recent and relevant past performance record to determine a contractor’s relevant history with NRI services. The technical evaluation will consider the currency and relevance of the information, source of the information, and context of the data.

The purpose of this technical factor evaluation is to allow the Government to assess the quoters ability to perform the effort described in this solicitation, based on the quoters historical experience.

Instructions to Quoter: Provide a list of no more than three (3) of the most relevant contracts performed for Federal agencies and commercial customers within the last five (5) years. Only references for relevant and recent past efforts/contracts are desired. The Government will evaluate relevant performance relative to the requirements of this RFQ, and the attached SOW. The Government will use information submitted by the quoter to independently verify Contractor Responsibility. The Government may review past performance records, such as CPARS, FAPIIS, verifying references, etc. Items that will be considered are general trends in the quoters performance, the number and severity of problems, the effectiveness of any corrective actions taken, and the offeror's overall performance record. Relevant performance includes technical expertise in grazing land (rangeland and pastureland) plant identification, grazing land inventory methods, site potential ratings, and describing soil properties and features. The past performance should include the following information: (a) Company/Government Name, (b) complete address, (c) point of contact, (d) telephone/fax number, (e) contract number, (f) contract type, (g) contract amount at award, (h) contract amount at completion, (it) brief description of work provided.

Evaluation Criteria: The offeror will be evaluated by the following:

(a) Recency: The ability to prove performance within the last five (5) years.

(b) Relevancy: The ability to prove performance of relevant work, relevant to this requirement.

Areas of consideration will include having qualified personnel with previous experience working as a team on similar projects, managerial expertise required to meet the contract requirements, a demonstrated understanding of access logistics in “the state”, understanding of the data collection protocols, and vehicles and other necessary equipment.

Factor 3: Price

Instructions to Quoter: Quoters should complete prices on Attachment 2, Quote Sheet.

Evaluation Criteria: To evaluate quotes for award purposes, the Government will apply the quoters’ proposed fixed-prices/rates to the estimated quantities included in the solicitation These prices will be evaluated to determine reasonableness of the price. A comparison of the proposed prices, government estimate, and/or market values will be used. Quoters are put on notice that any proposals that are unrealistic in terms of technical commitment or unrealistically low in price will be deemed reflective of an inherent lack of technical competence or indicative of failure to comprehend the complexity of contract requirements and may be grounds for rejection of the proposal.

x. Quoters are required to complete the provision at 52.212‐ 3, Offeror Representations and Certifications Commercial Items. This must be completed at SAM.gov and the registration in an “active” status and be designated as a small business.

xi. The clause at 52.212 4, Contract Terms and Conditions Commercial Items, applies to this acquisition and there are no addenda.

xii. The clause at 52.212‐5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items, applies to this acquisition

CONTRACT CLAUSES

52.212‐5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (Dec 2023)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203‐19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113‐235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204‐23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115‐91).

(3) 52.204‐25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115‐232).

(4) 52.209‐10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.232‐40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233‐3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 52.233‐4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108‐77 and 108‐78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

_X_ (1) 52.203‐6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

(2) 52.203‐13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).

(3) 52.203‐15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111‐5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

(4) 52.203‐17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

_X_ (5) 52.204‐10, Reporting Executive Compensation and First‐Tier Subcontract Awards (Jun 2020) (Pub. L. 109‐282) ( 31 U.S.C. 6101 note).

(6) [Reserved].

(7) 52.204‐14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111‐117, section 743 of Div. C).

(8) 52.204‐15, Service Contract Reporting Requirements for Indefinite‐Delivery Contracts (Oct 2016) (Pub. L. 111‐117, section 743 of Div. C).

(9) 52.204‐27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117‐328).

(10) 52.204‐28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi‐Agency Contracts. (Dec 2023) (Pub.

L. 115–390, title II).

(11)

(i) 52.204‐30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) (Pub. L. 115–390, title II).

(ii) Alternate I (Dec 2023) of 52.204–30.

_X_ (12) 52.209‐6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).

_X_ (13) 52.209‐9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

(14) [Reserved].

(15) 52.219‐3, Notice of HUBZone Set‐Aside or Sole‐Source Award (Oct 2022) (15 U.S.C. 657a).

(16) 52.219‐4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(17) [Reserved] _X_ (18)

(i) 52.219‐6, Notice of Total Small Business Set‐Aside (Nov 2020) (15 U.S.C. 644).

(ii) Alternate I (Mar 2020) of 52.219‐6.

(19)

(i) 52.219‐7, Notice of Partial Small Business Set‐Aside (Nov 2020) (15 U.S.C. 644).

(ii) Alternate I (Mar 2020) of 52.219‐7.

_X_ (20) 52.219‐8, Utilization of Small Business Concerns (Sep 2023) (15 U.S.C. 637(d)(2) and (3)).

(21)

(i) 52.219‐9, Small Business Subcontracting Plan (Sep 2023) (15 U.S.C. 637(d)(4)).

(ii) Alternate I (Nov 2016) of 52.219‐9.

(iii) Alternate II (Nov 2016) of 52.219‐9.

(iv) Alternate III (Jun 2020) of 52.219‐9.

(v) Alternate IV (Sep 2023) of 52.219‐9.

(22)

(i) 52.219‐13, Notice of Set‐Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

(ii) Alternate I (Mar 2020) of 52.219‐13.

_X_ (23) 52.219‐14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637s).

(24) 52.219‐16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

(25) 52.219‐27, Notice of Service‐Disabled Veteran‐Owned Small Business Set‐Aside (Oct 2022) (15 U.S.C. 657f).

_X_ (26)

(i) 52.219‐28, Post Award Small Business Program Rerepresentation (Sep 2023)(15 U.S.C. 632(a)(2)).

(ii) Alternate I (Mar 2020) of 52.219‐28.

(27) 52.219‐29, Notice of Set‐Aside for, or Sole‐Source Award to, Economically Disadvantaged Women‐ Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

(28) 52.219‐30, Notice of Set‐Aside for, or Sole‐Source Award to, Women‐Owned Small Business Concerns Eligible Under the Women‐Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).

(29) 52.219‐32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

(30) 52.219‐33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).

_X_ (31) 52.222‐3, Convict Labor (Jun 2003) (E.O.11755).

(32) 52.222‐19, Child Labor‐Cooperation with Authorities and Remedies (Nov 2023) .

_X_ (33) 52.222‐21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (34) (i) 52.222‐26, Equal Opportunity (Sep 2016) (E.O.11246).

(ii) Alternate I (Feb 1999) of 52.222‐26.

_X_ (35) (i) 52.222‐35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(ii) Alternate I (Jul 2014) of 52.222‐35.

_X_ (36)(i) 52.222‐36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(ii) Alternate I (Jul 2014) of 52.222‐36.

_X_ (37) 52.222‐37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

_X_ (38) 52.222‐40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (39)

(i) 52.222‐50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).

(ii) Alternate I (Mar 2015) of 52.222‐50 (22 U.S.C. chapter 78 and E.O. 13627).

_X_ (40) 52.222‐54, Employment Eligibility Verification (May 2022) (Executive Order 12989).

(Not applicable to the acquisition of commercially available off‐the‐shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

(41)

(i) 52.223‐9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available offthe‐ shelf items.)

(ii) Alternate I (May 2008) of 52.223‐9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off‐the‐shelf items.)

(42) 52.223‐11, Ozone‐Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

(43) 52.223‐12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

(44)

(i) 52.223‐13, Acquisition of EPEAT®‐Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (Oct 2015) of 52.223‐13.

(45)

(i) 52.223‐14, Acquisition of EPEAT®‐Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun2014) of 52.223‐14.

(46) 52.223‐15, Energy Efficiency in Energy‐Consuming Products (May 2020) (42 U.S.C. 8259b).

(47)

(i) 52.223‐16, Acquisition of EPEAT®‐Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223‐16.

_X_ (48) 52.223‐18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

(49) 52.223‐20, Aerosols (Jun 2016) (E.O. 13693).

(50) 52.223‐21, Foams (Jun2016) (E.O. 13693).

(51)

(i) 52.224‐3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

(ii) Alternate I (Jan 2017) of 52.224‐3.

(52)

(i) 52.225‐1, Buy American‐Supplies (Oct 2022) (41 U.S.C. chapter 83).

(ii) Alternate I (Oct 2022) of 52.225‐1.

(53)

(i) 52.225‐3, Buy American‐Free Trade Agreements‐Israeli Trade Act (NOV 2023) (19 U.S.C.

3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501‐4732), Public Law 103‐182, 108‐77, 108‐78, 108‐286, 108‐302, 109‐53, 109‐169, 109‐283, 110‐138, 112‐41, 112‐42, and 112‐43.

(ii) Alternate I [Reserved].

(iii) Alternate II (Dec 2022) of 52.225‐3.

(iv) Alternate III (NOV 2023) of 52.225‐3.

(v) Alternate IV (Oct 2022) of 52.225‐3.

(54) 52.225‐5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (55) 52.225‐13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(56) 52.225‐26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;

10 U.S.C. Subtitle A, Part V, Subpart G Note).

(57) 52.226‐4, Notice of Disaster or Emergency Area Set‐Aside (Nov 2007) (42 U.S.C. 5150).

(58) 52.226‐5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

(59) 52.229‐12, Tax on Certain Foreign Procurements (Feb 2021).

(60) 52.232‐29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

(61) 52.232‐30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

(62) 52.232‐33, Payment by Electronic Funds Transfer‐System for Award Management (Oct2018) (31 U.S.C. 3332).

_X_ (63) 52.232‐34, Payment by Electronic Funds Transfer‐Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

(64) 52.232‐36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

(65) 52.239‐1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(66) 52.242‐5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

(67)

(i) 52.247‐64, Preference for Privately Owned U.S.‐Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

(ii) Alternate I (Apr 2003) of 52.247‐64.

(iii) Alternate II (Nov 2021) of 52.247‐64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

_X_ (1) 52.222‐41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

(2) 52.222‐42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

X (3) 52.222‐43, Fair Labor Standards Act and Service Contract Labor Standards‐Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

(4) 52.222‐44, Fair Labor Standards Act and Service Contract Labor Standards‐Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

(5) 52.222‐51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment‐Requirements (May 2014) (41 U.S.C. chapter 67).

(6) 52.222‐53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services‐Requirements (May 2014) (41 U.S.C. chapter 67).

_X_ (7) 52.222‐55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

_X_ (8) 52.222‐62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

(9) 52.226‐6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215‐2, Audit and Records‐Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause‐

(i) 52.203‐13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).

(ii) 52.203‐17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712).

(iii) 52.203‐19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113‐235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iv) 52.204‐23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115‐91).

(v) 52.204‐25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115‐232).

(vi) 52.204‐27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117‐328).

(vii)

(A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) (Pub. L. 115–390, title II).

(B) Alternate I (Dec 2023) of 52.204–30.

(viii) 52.219‐8, Utilization of Small Business Concerns (Sep 2023) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219‐8 in lower tier subcontracts that offer subcontracting opportunities.

(ix) 52.222‐21, Prohibition of Segregated Facilities (Apr 2015).

(x) 52.222‐26, Equal Opportunity (Sep 2015) (E.O.11246).

(xi) 52.222‐35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(xii) 52.222‐36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(xiii) 52.222‐37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

(xiv) 52.222‐40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222‐ 40.

(xv) 52.222‐41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67). (xvi)

(A) 52.222‐50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar 2015) of 52.222‐50 (22 U.S.C. chapter 78 and E.O. 13627).

(xvii) 52.222‐51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment‐Requirements (May 2014) (41 U.S.C. chapter 67).

(xviii) 52.222‐53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services‐Requirements (May 2014) (41 U.S.C. chapter 67).

(xix) 52.222‐54, Employment Eligibility Verification (May 2022) (E.O. 12989).

(xx) 52.222‐55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

(xxi) 52.222‐62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O.

13706). (xxii)

(A) 52.224‐3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224‐3.

(xxiii) 52.225‐26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;

10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxiv) 52.226‐6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226‐6.

(xxv) 52.232‐40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232‐ 40.

(xxvi) 52.247‐64, Preference for Privately Owned U.S.‐Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247‐64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.222—42 Statement of Equivalent Rates for Federal Hires (MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.

Service Contract Labor Standards Wage Determinations

The following Department of Labor wage determinations are incorporated into this contract. Wage determinations may be found at: https://sam.gov/content/wage determinations.

Wage Determinations:

2015‐5591 Rev 21 Date 12‐25‐2023

2015‐5593 Rev 24 Date 12‐25‐2023

2015‐5595 Rev 21 Date 12‐25‐2023

2015‐5597 Rev 23 Date 12‐25‐2023

2015‐5599 Rev 23 Date 12‐25‐2023

2015‐5601 Rev 21 Date 12‐25‐2023

52.233‐2 Service of Protest (Sept 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from: T h e C o n t r a c t i n g O f f i c e r

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

CONTRACTING OFFICER’S AUTHORITY

The Contracting Officer (CO) is the only person authorized to approve changes in any of the requirements of this contract. This authority remains solely with the CO. In the event that the Contractor effects any change at the direction of any person other than the CO, the change will be considered to have been made without authority and NO adjustment will be made in the contract price to cover any INCREASE in costs incurred as a result thereof.

CONTRACTING OFFICER’S REPRESENTATIVE

The Contracting Officer’s Representative (COR) is an individual designated in writing by the Contracting Officer (CO) to act as an authorized representative of the CO to perform specific contract administrative functions within the scope and limitations as defined by the CO in the COR’s appointment letter. This letter specifies the extent of the COR’s authority to act on behalf of the CO. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery or any other term or condition of the contract. Any subsequent change to the COR or COR responsibilities will be confirmed, in writing, by the CO. A COR does not have the authority to and may never –

1. award, agree to, or execute any contract, contract modification, or notice of intent;

2. obligate, in any way, the payment of money by the Government;

3. make a final decision on any contract matter which is subject to the clause at FAR 52.233 1, Disputes; or

4. terminate, for any cause, the contractor’s right to proceed.

If the contractor does not receive a copy of the COR appointment letter, the contractor is required to request a copy of it from the CO prior to commencing work. Individuals not designated in writing as a COR by the CO are not considered a COR and do not have the authority delegated to the COR. If the contractor considers any action or inaction by a COR, any other government employee (such as an inspector), or representative or agent of the government as a change to the contract terms and conditions they must notify the contracting officer immediately and not proceed with any such change until approved by the contracting officer.

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE PAYMENT PLATFORM

(IPP)

Invoices must be submitted electronically through the U.S. Department of the Treasury’s Invoice Payment Platform System (IPP) or the Contractor must be willing to accept payment by Government purchase card.

The Contractor must use the IPP website (https://www.ipp.gov) to register, access, and use IPP for submitting invoices. Contractor assistance with enrollment can be obtained by calling (866) 973 3131.

Invoices submitted by means other than IPP will not be accepted unless the Contracting Officer authorizes alternate procedures in writing.

452.204‐70 Inquiries (Feb 1988) Inquiries and all correspondence concerning this solicitation should be submitted in writing to the Contracting Officer. Offerors should contact only the Contracting Officer issuing the solicitation about any aspect of this requirement prior to contract award.

452.211‐74 Period of Performance (Feb 1988) The estimated period of performance is 12 months with four (4) option year periods.

452.224‐70 Confidentiality of Information. (Feb 1988)

(a) Confidential information, as used in this clause, means

(1) Information or data of a personal nature, proprietary about an individual, or (2) information or data submitted by or pertaining to an organization.

(b) In addition to the types of confidential information described in (a)(1) and (2) above, information which might require special consideration with regard to the timing of its disclosure may derive from studies or research, during which public disclosure of primarily invalidated findings could create an erroneous conclusion which might threaten public health or safety if acted upon.

(c) The Contracting Officer and the Contractor may, by mutual consent, identify elsewhere in this contract specific information and/or categories of information which the Government will furnish to the Contractor or that the Contractor is expected to generate which is confidential. Similarly, the contracting Officer and the Contractor may, by mutual consent, identify such confidential information from time to time during the performance of the contract. Failure to agree will be settled pursuant to the "Disputes" clause.

(d) If it is established that information to be utilized under this contract is subject to the Privacy Act, the Contractor will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act.

(e) Confidential information, as defined in (a)(1) and (2) above, shall not be disclosed without the prior written consent of the individual, institution or organization.

(f) Written advance notice of at least 45 days will be provided to the Contracting Officer of the Contractor's intent to release findings of studies or research, which have the possibility of adverse effects on the public or the Federal agency, as described in (b) above. If the Contracting Officer does not pose any objections in writing within the 45 day period, the contractor may proceed with disclosure. Disagreements not resolved by the Contractor and Contracting Officer will be settled pursuant to the "Disputes" clause.

(g) Whenever the Contractor is uncertain with regard to the proper handling of material under the contract, or if the material in question is subject to the Privacy Act or is confidential information subject to the provisions of this clause, the Contractor shall obtain a written determination from the Contracting Officer prior to any release, disclosure, dissemination, or publication.

(h) The provisions of paragraph (e) of this clause shall not apply when the information is subject to conflicting or overlapping provisions in other Federal, State or local laws.

452.237‐75 Restrictions against Disclosure. (Feb 1988)

(a) The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part in any manner or form, or to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor's possession, to those employees needing such information to perform the work provided herein, i.e., on a "need to know" basis. The Contractor agrees to immediately notify in writing, the Contracting Officer, named herein, in the event that the Contractor determines or has reason to suspect a breach of this requirement.

(b) The Contractor agrees not to disclose any information concerning the work under this contract to any persons or individual unless prior written approval is obtained from the Contracting Officer. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

452.246‐70 Inspection and Acceptance (FEB 1988) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract. Work that, in the opinion of the CO, does not meet data quality standards will be returned to the Contractor for correction.

Inconsistencies/edits may be reviewed, resolved and approved via communications.

x. Please refer to the following documents which are hereby incorporated and made a part of this solicitation:

• Attachment 1 – Statement of Work

• Attachment 2 – Quote Sheet

• Attachment 3 – Vendor Information Sheet

xi. Quotes are due no later than April 15, 2024, 2:00pm EST.

xii. Questions are do no later than April 9, 2024, 5:00pm EST.

All questions must be submitted in writing via email to Bobby Copenny II, Contract Specialist, at bobby.copenny@usda.gov no later than 5:00pm ET, Tuesday April 9, 2024. Answers to be posted NLT April 11, 2024, as an Amendment.

xiii. Quotes will be directed to the following:

Emailed quotes will be accepted. Quotes shall be submitted on company letterhead, signed, dated, and sent via email to Bobby Copenny II, Contract Specialist at bobby.copenny@usda.gov no later than April 15, 2024, @2:00pm ET.

a. Pricing and Certifications Quoters shall utilize Attachment 2 to this solicitation to submit pricing quotations.

The Government intends to make an award based on the best value to the Government.

In order to be considered, a contractor must submit the following in response to this RFQ (failure to provide this information will result in a non‐responsive quote):

1. Technical Capability Narrative;

2. Completed Quote Sheet (Attachment 2);

3. Completed Vendor Information Sheet (Attachment 3); and

4. Active/complete registration in SAM (including designation as a Small Business)